HomeMy WebLinkAboutOrdinance 20936-09-2013 ORDINANCE NO.20936-09-2013
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO FIVE STAR LIMO SERVICE, FOR THE USE OF THE
STREETS, ALLEYS, AND PUBLIC THOROUGHFARES OF THE CITY IN THE
CONDUCT OF ITS LIMOUSINE BUSINESS, WHICH SHALL CONSIST OF
THE OPERATION OF THREE (3) LIMOUSINES, FOR A ONE (1) YEAR
PERIOD BEGINNING ON THE EFFECTIVE DATE; SPECIFYING THE
TERMS AND CONDITIONS OF THE GRANT; PROVIDING A SEVERABILITY
CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF ALL
ORDINANCES; PROVIDING FOR A PENALTY; PROVIDING FOR WRITTEN
ACCEPTANCE BY FIVE STAR LIMO SERVICE; PROVIDING FOR
PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, FIVE STAR LIMO SERVICE, has applied for operating authority to furnish
LIMOUSINE service on the public streets, alleys, and thoroughfares of the City;and,
WHEREAS, the City of Fort Worth, pursuant to Section 34-204 of the Code of the City of Fort
Worth (1986), as amended, has made inquiry and investigation into the application of FIVE STAR
LIMO SERVICE;and,
WHEREAS, upon such inquiry and investigation and after thorough consideration of all the facts
made available to it, the City Council finds that:
I The public necessity and convenience require the operation of THREE (3)
LIMOUSINES in the City of Fort Worth;
2. FIVE STAR LIMO SERVICE is qualified and financially able to efficiently conduct
such business to render such service to the public, consisting of the operation of THREE
(3) LIMOUSINES upon the public streets, alleys and thoroughfares of the City of Fort
Worth for a one (1) year period; beginning on the effective date, which shall be upon
acceptance by the grantee and completion of the publication requirement as determined
by Chapter XXV, Section 2 of the Charter of the City of Fort Worth and Section 34-205
of the City Code of Ordinances;
3. The general welfare of the citizens of Fort Worth will best be served by the operation of
THREE(3) LIMOUSINES by FIVE STAR LIMO SERVICE; arid,
4. All other requirements of Chapter 34 of the Code of the City of Foil Worth (1986), as
amended, have been compiled with by FIVE STAR LIMO SERVICE and any
violations thereof will result in the imposition of penalties as provided by Section 34-228
of the City Code of Ordinances.
Ordinance No. 20936-09-2013
Page 1 of 5
NOW, THEREFORE, BED[ ORDAINED QY THE CITY COUNCIL OF THE CITY OF
FORT WORTH,TEXAS THAT:
SECTION 1.
FIVE STAR LIMO SERVICE, a GENERAL PARTNERSHIP, with its principal place of
humiocaa and its headquarters in KElLEIk, TARRANT COUNTY, TEXAS hereinafter referred to as
"Compuoy`" is hereby granted operating authority to use the present and future streets, alleys and public
thoroughfares of the City of Fort Wort6. Texas, in its business of providing public limousine service
wd6jo the said City's municipal limits with THREE (3) L8MO0S1NES fora one year period beginning
ou the effective date.
SECTION 2.
The findings and reuhodouo ooutuiuuJ in the preamble hereof are expressly incorporated into and
made a part of this ordinance ua the findings of the City Council.
SECTION 3.
The Company, uo holder ofthe grant, and the Company's operations hereunder, shall be governed
at all times by the provisions of state and federal laws and regulations and Chapter 34 of the Code of the
City of Fort Worth (|y86). asamended.
SECTION 4.
The authority herein grunted shall be and remain subject to said Conopouy`o Ful[ complete and
satisfactory continuing compliance with all federal, state and local luvvm and ordinances, including but not
limited to the Charter of the City ofFort Worth, and all relevant provisions of Chapter 34. Code ofthe
City oIFort Worth (1986), as ooended, and such other ordinances as may be adopted from time to time
hy the City Council governing and regulating the operation of limousines iu the City of Fort Worth.
SECTION 5.
The Company acknowledges that the City of Fort Worth assumes no liability or responsibility in
making this grant, and that by ocuep|uoov of this ordinance and grant, Company hereby uQrneo to
iuden-mifK hold barudnxs and defend the City of Fort Worth, its officers, agents,and employees, from and
against any and all claims or suits, expense or liability, for any and all property damage o/ loss and/or
personal iojuzy, including dcw|k 10 any and all ycmoua, of whatsoever kind or uharacror, arising out of or
iu connection with any acts or omissions byCompany, its officers, agents, employees, drivers, licensees,
Ordinance No. 2093*'09'2013
Page 2^y5
invitees and passengers, in the exercise of the authority granted herein; and Company shall uwaome all
liability and responsibility for same.
SECTION 6.
The Company acknowledges that its drivers, property and operations ohoU be and remain subject
at all dmeo to such reasonable regulation by the City us is or may be necessary ioprotect the iotcrcuio of
the Aeuem} public. As such, the Company understands and acknowledges that during the term of this
ordinance and grant, the City of Fort Worth may adopt such ordinances that further regulate the operation
of the Company's service within the City ofFoil Worth, including the amount of fees ,o be paid; and that
upon the adoption thereof, the Company uhoU begin conducting its operations in oorop6uooe with the
provisions of such ouiioauoou. Further, should the City )o(cr adopt an ordinance that would u600gc the
nature ofthe rights granted under this ordinance, the city reserves the right to cancel or otherwise modify
any and all rights granted under this ordinance arid issue new grant oC operating authority, aa long au
Company is not in violation of any provision of Chapter 34 of the CuJn of the City of Fort VVonb, Texas
(1986). as amended. In the event the ienoo and conditions of this ordinance are in conflict with the
provisions of any such ordinance adopted by the City, the provisions of such later-adopted ordinance shall
supersede the terms and conditions of this ordinance to the extent they are iuconflict,
SECTION 7.
The Company acknowledges that puyoueor of required fees, as specified in Chapter 34 of the
Code of' the City of Fort Worth, Texas (1986), as amended, is o requisite to exercising the privileges
granted herein.
SECTION W.
The Company shall be obligated |n discharge any claim orjudgment against iifiva\|yestablished
by |ovv. and the failure to do yo for uperiod oyonehundreJ eighty (|X0) days shall, ipso [uoio' i000iooie
all authority under this grant,
SECTION V,
Pursuant to Chapter 34 of the Code of the City of Fort Worth, Texas, (1986), as amended, the
Company mbu\| not sell, convey or ,mou6cr this grant of operating authority to any other person, fioo or
corporation without the prior formal consent and approval of the City Council of the City of Foil Worth,
nor shall the Company moU. LcuuxD:r, assign or otherwise encumber its limousine operation without the
consent o[the Fort Worth City Council.
Ordinance No.20y36-O9'2O)3
Page 3ofs
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SECTION 10.
Nothing herein contained shall be held or construed to confer upon the Company exclusive rights
or privileges o[any nature whatsoever.
SECTION 11.
Any uumpcooioo or revocation of the privileges granted bcroiu may be uc000upU*hnd under the
applicable provisions of Chapter 34 of the Code of the City ofFort Worth,Texas (1986), as amended.
SECTION 12.
The terms and provisions of this ordinance are severable and shall be governed by Section 1-5 of
Chapter | o[the Code u[tile City wfFort Worth,Texas(ly86). uaamended.
SECTION 13.
7br provisions of this ordinance sbuU be and are hereby declared to be cumulative of all
provisions of the Code of the City of Fort Worth, Ioxxa (1986), as onueodod` with respect to the
regulation and operation of public )inunusioo se"/ion within the City's municipal |inoJa, and, in the event
of conflict between the provisions of this ordinance and such Code, the provisions of the City Code shall
govern,and prevail.
SECTION 14.
/\ penalty may be inuyumud for vio|u\i*oa of this ordinance in an unuouut not to c0000d five
hundred dollars ($508.00). Each day that n violation euix|o u6y\| 000a1i\u(o u szpnro|u offense. Any
violation"f this ordinance shall beu class Cmisdemeanor.
SECTION 15.
After adoption ofL}dxordinance, Company shall pay all required fees and file with tile City
Secretary written acceptance of the terms and provisions hereof. Such acceptance of and agreement to the
provisions of this ordKou000 and grunt sbuU be evidenced by the signature of the Conupaoy`o authorized
representative oo the final page uf this ordinance.
SECTION 16.
The City Secretary of the City of Foil Worth, Toxou, is bornhy directed to publish t6c caption and
penalty of this ordinance for two (2) days in the offioiu| onvvapupor of the City of Fort Worth. Texas, as
Ordinance No. 20936-09-2013
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authorized by Section 52,013 of the Texas Local Government Code; Chapter XXV of the Charter of the
City of Fort Worth; and section 34-205 of the City Code of Ordinances.
SECTION 17.
This ordinance shall take effect upon adoption; acceptance of the grant and payment of the fee by
FIVE STAR UMO SERVICE,and publication as required by law.
APPROVED AS TO FORM AND 1,EGAL1TY:
ASSISTANT CITY ATTORNEY ja y J.Kay er
CITY SEC R
ADOPTED: September 17, 2013
EFFECTIVE:
ACCEPTED BY:
FIVE STAR LIMO SERVICE
Mt
By:
Printed Name:
DATE: el�,,
Ordinance No. 20936-09-2013
Page 5 of 5
Ground Transportation Coordinator Firidiniz Factors
Under Section 34-204 in determining whether or -not to rounmn000d the groubo8 ofoperating
authority, the Ground Transportation Coordinator shall consider, among other things,the following items:
l. 9rohub|n permanency and 4nubty of the service offered by the applicant, the applicant's
experience in rendering such service in the City or similar service elsewhere and the applicant's
past record and experience in adjusting claims and paying judgments, if any,to claimants;
2. The opp6cuu('o finooniu) ability to provide the Jeax,ihnd service and ability to respond to ciuioa
orjudgozentn arising by reason of business operations, injury topersons, or damage ,nproperty
resulting from operation ofa limouninoxervico;
S. The character and condition of the vehicles tobrused;
4� l[the applicant iau corporation or other business entity, (he qualification ofdhe officers,directors,
nacmbezx and pumoux with economic iune,ost making such application and each of the above-
numbered items as applied to each of the stockholders, officers,members and directors;
5 The applicant's character and past record and, it/6n applicant is a corporation or other business
entity, that of its officers,members and stockholders;and
6. Such other iufhcmuziuo as presented during any public hearing that may bear on the public
necessity and convenience.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved;on 9/17/2013 Ordinance No 20936-09-2013
DATE: Tuesday, September 17, 2013 REFERENCE NO.: **G-17999
LOG NAME: 20FIVE STAR LIMO SERVICE
SUBJECT:
Approve Findings of the Ground Transportation Coordinator Regarding Application of Five Star Limo
Service to Operate Three Limousines Within the City of Fort Worth and Adopt Ordinance Granting Such
Authority(ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Consider and adopt the following findings of the Ground Transportation Coordinator:
a. The public necessity and convenience require the operation of three limousines upon the City
streets, alleys and thoroughfares;
b. Five Star Limo Service is qualified and financially able to conduct a limousine
service within the City;
c. Five Star Limo Service has complied with the requirements of Chapter 34 of the City Code;
d. Five Star Limo Service presented facts in support of compelling demand and necessity
for three limousines;
e. The general welfare of the citizens of the City will best be served by the addition of three
limousines upon City streets, alleys and thoroughfares; and
2. Adopt the attached ordinance granting Five Star Limo Service operating authority for three limousines
on City streets for a one-year period subject to and conditioned on Five Star Limo Service complying with
all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as amended.
DISCUSSION:
On August 27, 2013, Five Star Lima Service submitted an application requesting authority to operate three
limousines within the City of Fort Worth.
Pursuant to Section 34-205 of the City Code, when considering the Company's application, the City
Council must determine whether or not to adopt, approve or confirm the findings of the Ground
Transportation Coordinator. Under Section 34-204, the Ground Transportation Coordinator used the
attached Ground Transportation criteria to determine whether or not to recommend the granting of
operating authority. The Ground Transportation Coordinator Finding Factors are attached to this Mayor
and Council Communication (M&C) and are incorporated into this M&C for all purposes.
The one-year period shall commence on the effective date, which shall be upon acceptance by the
Logname: 20Five Star Limo Service Pagel of 2
grantee and completion of the publication requirement, in accordance with Chapter XXV, Section 2 of the
City Charter and Section 34-205 of the Code of Ordinances.
The potential annual revenues from the collection of applicable fees under Chapter 34, is estimated to be
in the amount of$300.00.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that the Transportation and Public Works
Department is responsible for the collection and deposit of fees due to the City.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 421352 0201002 $300.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Gerald Taylor (6987)
Logname: 20Five Star Limo Service Page 2 of 2